No. 22-700

Mark Howerton v. Texas

Lower Court: Texas
Docketed: 2023-01-26
Status: Denied
Type: Paid
Tags: criminal-procedure double-jeopardy due-process fifth-amendment intent judicial-discretion mistrial oregon-v-kennedy prosecutorial-misconduct
Latest Conference: 2023-03-31
Question Presented (from Petition)

This Court has long held that a mistrial declared in the face of manifest necessity does not generally prohibit a retrial under the Fifth Amendment. While it has recognized that a defense-requested mistrial caused by prosecutorial goading can raise an exception to this general rule, it has limited the availability of this remedy to those cases in which the record shows that it was the prosecutor's specific intent to force the mistrial. Oregon v. Kennedy, 456 U.S. 667 (1982). This rule fails to reach significant acts of prosecutorial misconduct that impair the ability of the defendant to fairly pursue an acquittal. Should the Court's holding in Oregon v. Kennedy be extended to prohibit a wider range of prosecutorial intent?

Question Presented (AI Summary)

Should the Court's holding in Oregon v. Kennedy be extended to prohibit a wider range of prosecutorial intent?

Docket Entries

2023-04-03
Petition DENIED.
2023-03-15
DISTRIBUTED for Conference of 3/31/2023.
2023-01-24
Petition for a writ of certiorari filed. (Response due February 27, 2023)

Attorneys

Mark Howerton
John Torrey HunterHunter, Lane & Jampala, Petitioner
Texas
Andrew Nelson WarthenBexar County Criminal District Attorney's Office, Respondent